John Hancock Mutual Life Insurance v. Mays

The opinion of the court was delivered by

Wedell, J.:

This action involves the right of an original mortgagee and present holder of a sheriff’s deed to reforeclose the mortgage against a mortgagor’s second wife, who was not a signer of the note or mortgage, but who, together with her husband, occupied the premises as a homestead prior to the time the original foreclosure action was instituted but had not been made a party defendant in the original foreclosure action. The plaintiff prevailed, and the defendant, Bessie Mays, who had not been made a party defendant in the original action, appeals.

T…